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Decision No. 283-R-2007

June 6, 2007

June 6, 2007

APPLICATION by the Corporation of the City of Ottawa carrying on business as Capital Railway, pursuant to subsection 93(1) of the Canada Transportation Act, S.C., 1996, for a variance of Certificate of fitness No. 00002-2 to reflect the change in circumstances pertaining to the termination of the proposed construction of a north-south light rail transit system from the University of Ottawa to the Barrhaven Town Centre.

File No. R 8005/C6

On February 20, 2007, the Corporation of the City of Ottawa carrying on business as Capital Railway (hereinafter the City of Ottawa) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the variance set out in the title.

Further to the application, the Agency was advised that the name on the certificate of fitness should be amended to reflect the "City of Ottawa" in lieu of the "Corporation of the City of Ottawa".

Subsection 92(1) of the Canada Transportation Act (hereinafter the CTA) states that the Agency shall issue a certificate of fitness for the proposed construction or operation of a railway if the Agency is satisfied that there is adequate liability insurance coverage for the proposed construction or operation, as determined in accordance with the regulations.

Pursuant to Decision No. 635-R-2006 dated November 17, 2006, Certificate of fitness No. 00002-2 was issued to the City of Ottawa permitting the improvements and operation of a railway for the purposes of operating a light rail commuter service, also known as the O-Train, in the provinces of Ontario and Quebec, serving five stations from Greenboro Station in the south to Bayview Station in the north; and permitting the proposed construction of a north-south light rail transit system from the University of Ottawa to the Barrhaven Town Centre.

In its application, the City of Ottawa states that on December 14, 2006, Ottawa City Council voted to terminate the North-South Light Rail Transit Project Agreement and not proceed with the plan to construct the north-south light rail transit system from the University of Ottawa to the Barrhaven Town Centre. Therefore, the City of Ottawa requests that all reference to the proposed construction of a north-south light rail transit system from the University of Ottawa to the Barrhaven Town Centre be removed from its certificate of fitness due to the change of circumstances.

The City of Ottawa submits that it will continue to operate the light rail commuter service, also known as the O-Train, in the provinces of Ontario and Quebec, serving five stations from Greenboro Station in the south to Bayview Station in the north. A certificate of insurance was filed as part of its application.

Paragraph 93(1)(c) of the CTA provides that the Agency may, on application, vary a certificate of fitness to reflect a change in railway operations or circumstances relating to those operations.

With respect to the adequacy of the insurance coverage, the Agency has reviewed the information filed and is satisfied that the City of Ottawa has adequate third party liability insurance coverage, including self-insurance, for the operation of the light rail commuter service, also known as the O-Train, in the provinces of Ontario and Quebec, serving five stations from Greenboro Station in the south to Bayview Station in the north.

Accordingly, the Agency, pursuant to paragraph 93(1)(c) of the CTA, hereby varies Certificate of fitness No. 00002-2 by removing the reference to the proposed construction of a north-south light rail transit system from the University of Ottawa to the Barrhaven Town Centre.

Certificate of fitness No. 00002-3 which is issued pursuant to this Decision supersedes Certificate of fitness No. 00002-2 dated November 17, 2006.